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(영문) 의정부지방법원고양지원 2020.03.06 2019가단75262
지분환급청구 등
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. From April 2018, Plaintiff A had opened an Internet electronic commerce site in the name of “F” along with E from April 2018, and has engaged in electronic commerce, such as clothes (part of witness E’s testimony).

Plaintiff

B With the trade name of "G" on June 11, 2018, as the location of H building and I, and has been engaged in electronic commerce, such as clothes, after completing business registration (Evidence A 2).

Defendant C, with the trade name of “J” on July 4, 2018, has been running an electronic commerce business (hereinafter “instant business”), such as clothes, after completing business registration (Evidence 3) with the location of the building in Gyeyang-gu K and L in Gyeyang-gu and having completed business registration (hereinafter “instant business”). [In the absence of dispute, the respective descriptions of evidence Nos. 2 and 3, witness E, witness E’s testimony, and the purport of the entire pleadings

2. Plaintiff A’s claim for refund of equity in the same trade and assets against the Defendants

A. Plaintiff A’s assertion 1) around June 2018, when it had been running the clothing electronic commerce business from early 2016, Plaintiff A received the proposal from the Defendants, who were friendships, and had been engaged in the instant business as well as the Defendants. Plaintiff C and the Defendants registered the representative of the instant business as Defendant C, and agreed to operate the instant business by providing business technology and intellectual property rights and managing the electronic commerce website, and the profits were distributed at the rate of 1/3 of Plaintiff C and the Defendants. According to this agreement, the Plaintiff operated the said shopping mall based on the business technology he accumulated up, and generated considerable profits through the instant business. However, the Defendants denied this agreement on January 201, and forced Plaintiff A to withdraw from the instant business relationship by preventing Plaintiff A from participating in the instant business. Accordingly, the Defendants jointly and severally liable the Defendants to return the money corresponding to Plaintiff C’s business related to the instant business.

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